Immigration law
Encyclopedia
Immigration law refers to national government
policies which control the phenomenon of immigration
to their country.
Immigraton law, regarding foreign citizens, is related to nationality law
, which governs the legal status of people, in matters such as citizenship
. Immigration laws vary from country
to country, as well as according to the political
climate of the times, as sentiments may sway from the widely inclusive to the deeply exclusive of new immigrants.
Immigration law regarding the citizens of a country is regulated by international law
. The United Nations International Covenant on Civil and Political Rights mandates that all countries allow entry to its own citizens.
Certain countries may maintain rather strict laws which regulate both the right of entry and internal rights, such as the duration of stay and the right to participate in government
. Most countries have law
s which designate a process for naturalization
, by which immigrants may become citizens.
. However many years later the Chinese Exclusion Act was passed to stop the immigration of Chinese people. The Immigration Act of 1924
put a quota on how many immigrants are permitted, based on nationality. The Immigration and Nationality Act of 1952 led to the creation of the Immigration and Naturalization Service
.
The five major departments of the federal government involved in the immigration process are the Department of Homeland Security, the Department of Justice
, the Department of State, the Department of Labor
, and the Department of Health and Human Services. Of the five, the Department of Homeland Security, which replaced the Immigration and Naturalization Service, enforces immigration laws and bestows benefits on aliens. It is subdivided into three distinct departments: US Citizenship and Immigration Services
http://www.uscis.gov/portal/site/uscis, Immigration and Customs Enforcement
http://www.ice.gov/, and Customs and Border Protection
http://www.cbp.gov/.
Every year, the Federal government conducts a Diversity Visa Lottery. The lottery grants citizens of other countries legal entry into the United States. However only countries "with low rates of immigration to the United States" are allowed to apply.
Presently there are two different types of US visas: one for people seeking to live in the US; termed Immigrant Visas, and the other for people coming for limited durations, termed Non-Immigrant Visas. The former visa has "per country-caps", and the latter does not. Most non-immigrant visas are for work purposes, and usually require an offer of employment from a US business. Other categories include student, family and tourist visas.
The United States allows more than 1 million aliens to become Legal Permanent Residents every year, which is more than any other country in the world http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2008.pdf.
Immigration law became a serious political issue in the USA
, particularly after 9/11.
s are inspected. Some required documents are a passport
, a Carte Jaune
, and an onward ticket
. Sometimes travelers are required to register the amount of money they are carrying.
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Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
policies which control the phenomenon of immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
to their country.
Immigraton law, regarding foreign citizens, is related to nationality law
Nationality law
Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
, which governs the legal status of people, in matters such as citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
. Immigration laws vary from country
Country
A country is a region legally identified as a distinct entity in political geography. A country may be an independent sovereign state or one that is occupied by another state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with a previously...
to country, as well as according to the political
Politics
Politics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...
climate of the times, as sentiments may sway from the widely inclusive to the deeply exclusive of new immigrants.
Immigration law regarding the citizens of a country is regulated by international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. The United Nations International Covenant on Civil and Political Rights mandates that all countries allow entry to its own citizens.
Certain countries may maintain rather strict laws which regulate both the right of entry and internal rights, such as the duration of stay and the right to participate in government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
. Most countries have law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s which designate a process for naturalization
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
, by which immigrants may become citizens.
Immigration law in the USA
The immigration laws in the United States have experienced uneven progress. During colonial times independent colonies created their immigration laws. The first attempt to naturalize foreigners was through the Naturalization Act of 1790Naturalization Act of 1790
The original United States Naturalization Law of March 26, 1790 provided the first rules to be followed by the United States in the granting of national citizenship. This law limited naturalization to immigrants who were "free white persons" of "good moral character". It thus left out indentured...
. However many years later the Chinese Exclusion Act was passed to stop the immigration of Chinese people. The Immigration Act of 1924
Immigration Act of 1924
The Immigration Act of 1924, or Johnson–Reed Act, including the National Origins Act, and Asian Exclusion Act , was a United States federal law that limited the annual number of immigrants who could be admitted from any country to 2% of the number of people from that country who were already...
put a quota on how many immigrants are permitted, based on nationality. The Immigration and Nationality Act of 1952 led to the creation of the Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
.
The five major departments of the federal government involved in the immigration process are the Department of Homeland Security, the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, the Department of State, the Department of Labor
United States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
, and the Department of Health and Human Services. Of the five, the Department of Homeland Security, which replaced the Immigration and Naturalization Service, enforces immigration laws and bestows benefits on aliens. It is subdivided into three distinct departments: US Citizenship and Immigration Services
United States Citizenship and Immigration Services
United States Citizenship and Immigration Services is a component of the United States Department of Homeland Security . It performs many administrative functions formerly carried out by the legacy United States Immigration and Naturalization Service , which was part of the Department of Justice...
http://www.uscis.gov/portal/site/uscis, Immigration and Customs Enforcement
U.S. Immigration and Customs Enforcement
U.S. Immigration and Customs Enforcement is a federal law enforcement agency under the United States Department of Homeland Security , responsible for identifying, investigating, and dismantling vulnerabilities regarding the nation's border, economic, transportation, and infrastructure security...
http://www.ice.gov/, and Customs and Border Protection
U.S. Customs and Border Protection
U.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs and immigration. CBP is the...
http://www.cbp.gov/.
Every year, the Federal government conducts a Diversity Visa Lottery. The lottery grants citizens of other countries legal entry into the United States. However only countries "with low rates of immigration to the United States" are allowed to apply.
Presently there are two different types of US visas: one for people seeking to live in the US; termed Immigrant Visas, and the other for people coming for limited durations, termed Non-Immigrant Visas. The former visa has "per country-caps", and the latter does not. Most non-immigrant visas are for work purposes, and usually require an offer of employment from a US business. Other categories include student, family and tourist visas.
The United States allows more than 1 million aliens to become Legal Permanent Residents every year, which is more than any other country in the world http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2008.pdf.
Immigration law became a serious political issue in the USA
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, particularly after 9/11.
Control measures
To control immigration, many countries set up customs at entry points. Some common location for entry points are airports and roads near the border. At the Customs Department, Travel documentTravel document
A travel document is an identity document issued by a government or international treaty organization to facilitate the movement of individuals or small groups of persons across international boundaries...
s are inspected. Some required documents are a passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
, a Carte Jaune
Carte Jaune
The Yellow Card or Carte Jaune, is an international certificate of vaccination . It is issued by the World Health Organisation. It is recognised internationally and may be required for entry to certain countries where there are increased health risks for travellers...
, and an onward ticket
Onward ticket
An onward ticket is a proof of purchase of a pre-booked train or airline ticket, out of the country that you are about to enter.You have an onward ticket, if you have in your possession:* a round-trip airline ticket...
. Sometimes travelers are required to register the amount of money they are carrying.
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Comparison of immigration visa categories by country
The most important decision for immigrant is to choose a country to move to. It is based on current and past immigration regulations of the considered country and a number of life conditions there. It is important to make sure that immigration legislation of chosen country will allow achieving a settlement and/or citizenship within certain period of time. This article is an attempt to classify and bring together the information about immigration legislation on a number of most popular countries.| Country | Employer Sponsored Work Visa | Independent Work Visa | Businessman, Self-employed or Entrepreneur | Investor | Ph.D. or Scientist | Spouse | Asylum Seeker | By birth while both of parents are foreign nationals | Studying as a migration route | Illegal Migrant | Citizenship | Special arrangements |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
 United States |
Through H1B lottery, many applicants failed to receive a settlement after 6 years and had to leave the country. | EB-1 Extraordinary Ability - for internationally recognized scientists, sportsman etc. | EB-5: you need to invest $500.000 | Ph.D. allows to apply for EB2 visa which makes it possible to avoid H1B lottery and get a green card faster than those on H1B | Available | After 5 years of permanent residence know as Green Card Green Card Green card may refer to:* Permanent residence , known informally as a green card* Green Card , a 1990 movie whose title refers to the American document above... |
Green Card Lottery | |||||
 United Kingdom British nationality lawBritish nationality law British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:... |
Tier 2 Tier 2 Tier 2 may refer to:* Tier 2 capital* Tier 2 network or carrier* Tier 2 Vehicle and Gasoline Sulfur Program; see United States emission standards* Tier Two, orbital human spaceflight program... - settlement (ILR) after 5 years. A limit on number of Tier 2 migrants per year introduced by new government which makes it very difficult to find an employer willing to sponsor the visa. Tier 2 Intra-company transfers do not lead to settlement (ILR). |
(practically not available since April 2011) Tier 1 General - settlement (ILR) after 5 years. A limit on 1000 Tier 1 migrants per year introduced by new government. Besides that the migration legislation changes on average every six months which makes Britain not attractive for skilled migrants looking for a second nationality. | Tier 1 Entrepreneur | Tier 1 Investor | There is no specific category here but it is easier for universities (as opposed to businesses) to acquire a Tier 2 visa | ILR is provided after 2 years in marriage or partnership. | UK is a popular destination for asylum seekers. Due to high number of asylum seekers, the Asylum Tribunal seems to be very unlikely to recognize even very irresistible proofs for asylum grounds. | British citizenship can be obtained as a right for anybody who was born in Britain before 1994. After 1994, it can only be obtained by birth if at least one parent was settled there. It is also available as of right for people of whom one parent is a British citizen otherwise than by descent".. All other classes of British Nationality do not confer right of abode in the UK to the holder. | Tier4 Full time students used to be are allowed to work up to 20 hours a week, which is now changed to 10 hours. After 10 years of continuous presence in the country on residential visas ILR is provided (this is probably not valid any more). For those who graduated in the UK there is [Tier 1 Post Study Work] | After 15 years of continuous illegal but proven presence in the country ILR is provided. | Citizenship is provided after 1 year of Permanent residency. Permanent residency in the UK is known as settlement or "Indefinite Leave to Remain" (ILR). | EU citizens (temporary except Bulgaria and Romania), as created by the Treaty of Rome Treaty of Rome The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany... at 17 have the right to work, provide services or self employment in the UK Some commonwealth citizens have right of abode in the UK, which for most practical purposes gives them the same rights as British Citizens in the UK. |
 Canada |
Official information available here http://www.cic.gc.ca/english/work/index.asp | Available but Canada reduced the number of jobs in demands. E.g. software engineers are now unable to use this route. http://www.cic.gc.ca/english/immigrate/index.asp | ||||||||||
 Australia |
Available, http://www.immi.gov.au | |||||||||||
 New Zealand |
Available | |||||||||||
 South Africa |
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 Guernsey |
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 Jersey |
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 Gibraltar |
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 Isle of Man |
Similar to British Tier1 General, but does not lead to EU nationality [www.gov.im/lib/docs/cso/immigration/tier1general.pdf] | Similar to British Tier1 Entrepreneur, but does not lead to EU nationality [www.gov.im/lib/docs/cso/immigration/tier1entrepreneur.pdf] | ||||||||||
 Hong Kong |
General Employment Policy (GEP) | General Points Test (GPT) | ||||||||||
 Israel |
Not available | Law of Return Law of Return The Law of Return is Israeli legislation, passed on 5 July 1950, that gives Jews the right of return and settlement in Israel and gain citizenship... |
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 European Union |
Varies by member state | Blue Card: will be available in 2012, except UK and Denmark | ||||||||||
 Austria |
May be available in the future, called Rot-Weiß-Rot-Card | |||||||||||
 Belgium |
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 Kingdom of Bulgaria |
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 Cyprus |
It is considered to be very unlikely to get nationality through work route | Not available | ||||||||||
 Czech Republic |
Not available | |||||||||||
 Denmark |
Available: Danish Green Card | |||||||||||
 Estonia |
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 Finland |
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 Early Modern France |
Not available | |||||||||||
 Germany |
Not available | There are programs for Continental Refugees and Repatriates but the rules are severely tightened to prevent as little new migrants as possible to benefit from them. | ||||||||||
 Greece |
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 Hungary |
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 Republic of Ireland |
Not available | Available | ||||||||||
 Italy |
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 Latvia |
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 Lithuania |
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 Luxembourg Luxemburgian nationality lawhttp://www.mae.lu/ |
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 Malta |
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 Netherlands |
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 Poland |
http://wiza.polska.ru/repatriacja/ | |||||||||||
 Portugal |
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 Kingdom of Romania |
Special arrangements for citizens of Moldova | |||||||||||
 Slovakia |
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 Slovenia |
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 Spain |
Not available | |||||||||||
 Sweden |
http://www.migrationsverket.se/info/Arbeta_en.html | http://www.migrationsverket.se/info/177_en.html | http://www.migrationsverket.se/info/162_en.html | |||||||||
 Singapore |
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 NorwayNorwegian nationality lawNorwegian nationality law Norwegian nationality law is based on the principle of Jus sanguinis. In general, Norwegian citizenship is conferred by birth to a Norwegian parent, or by naturalisation in Norway.Norway restricts, but does not absolutely prohibit, dual citizenship.... |
Min 4 years, see Norwegian nationality law#Naturalisation as a Norwegian citizen for more details. | Min 7 years, see Norwegian nationality law#Naturalisation as a Norwegian citizen for more details. | Citizens of other Nordic Council countries may naturalise after a two-year residence | |||||||||
| Country | Employer Sponsored Work Visa | Independent Work Visa | Businessman, Self-employed or Entrepreneur | Investor | Ph.D. or Scientist | Spouse | Asylum Seeker | By birth | Studying as a migration route | Illegal Migrant | Citizenship | Special arrangements |
Important details on immigration law of different countries
It is important to consider the details of immigration law of the country of your choice before investing your time and efforts into potential citizenship. A tiny detail could be a blocking issue.| Country | Requirements and restrictions before settlement | Requirements and restrictions after settlement | Will resident visa holder dependant be allowed to work as well? | Is it possible to bring old parents once got settlement? | Is it guaranteed that immigration legislation would not be changed retrospectively and were there retrospective changes of immigration law previously? | Access to social benefits before settlement | Access to social benefits after settlement | Is it possible to deprive of earned citizenship? (apart from obvious reasons like proven deception in application to citizenship or terrorism) | Would the country require to surrender a previous citizenship(s) to apply for a citizenship of this country? | Would the country require to surrender its citizenship if its citizen applied for a citizenship of other country? |
|---|---|---|---|---|---|---|---|---|---|---|
| United States |
No | No | No, but you will be required to pay taxes to US government regardless where the income is earned | |||||||
| United Kingdom |
No more than 180 days spent overseas within 5 years, no more than 90 days per trip. | Settlement would be cancelled after certain number of days spent abroad | Yes, dependants will have a right to work | Theoretically you can bring a single parent if you are the only supporter. Many people had to do it through a court. | It has been changed retrospectively in the past and likely to change retrospectively in the future | No access to public funds. | Yes | Yes, for potentially unlimited number of reasons British nationality law#Deprivation of British nationality | No British nationality law#Dual nationality and dual citizenship | No British nationality law#Dual nationality and dual citizenship |
| Canada |
No | |||||||||
| Australia |
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| New Zealand |
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| Israel |
http://pravo.israelinfo.ru/articles/img/2047 | Yes, unless citizenship obtained by Law of Return | ||||||||
| Germany |
Yes | |||||||||
 Ukraine |
Yes | |||||||||
| Norway Norwegian nationality law Norwegian nationality law Norwegian nationality law is based on the principle of Jus sanguinis. In general, Norwegian citizenship is conferred by birth to a Norwegian parent, or by naturalisation in Norway.Norway restricts, but does not absolutely prohibit, dual citizenship.... |
Yes Norwegian nationality law#Loss of Norwegian citizenship | Yes Norwegian nationality law#Dual citizenship | Yes Norwegian nationality law#Dual citizenship | |||||||
 Russia |
Yes | |||||||||
 Azerbaijan |
Yes | |||||||||
 Mainland China |
Yes | |||||||||
| Denmark |
Yes | |||||||||
 Japan |
Yes | |||||||||
 India |
Yes |
External links
- Citizenship Laws of the World - the most comprehensive although a little bit outdated report by United States Office of Personnel Management Investigations Service http://www.opm.gov/extra/investigate/is-01.pdf, copy: http://www.multiplecitizenship.com/documents/IS-01.pdf
- American Immigration Law Foundation http://ailf.org
- Immigration Equality's Immigration Law Glossary http://www.immigrationequality.org/template.php?pageid=26
- ITA's Immigration Law Resources http://immigration-usa.com/law.html
- Inmigracion :es:Inmigración
- US Citizen and Immigration Services http://www.uscis.gov/
- Siskind's Immigration Bulletin http://www.visalaw.com/bulletin.html
- Canada Immigration Law - list of 29 occupations open for Immigration http://www.canadianvisa.com/canada/skilled-worker
- Comparative Citizenship Analyses by European Union Observatory on Democracy (EUDO)http://eudo-citizenship.eu/comparative-analyses